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The better way to harmonize the idea of an objective standard with the idea of what consumers actually believe (which the court seems to think of as subjective on an individual basis) is the venerable concept of a substantial number of reasonable consumers. The fact that a substantial component of the customer base is deceived is evidence that their conclusions are reasonable (as opposed to idiosyncratic), and objective things can be said about the aggregate of consumers.] Likewise, even if the menthol representations werent inherently misleading, they were plausibly in fact misleading

The candy brand names even mirrored real tobacco companies with names like "Cemal" and "Pell Mell." Candy cigarettes were sold this way until 2009, when packaging designs changed to remove the word "cigarette," allowing it to meet new mandates under the Tobacco Control Act

Having a 5mg THC seltzer or infused cocktail in the evening scratches the I need to unwind itch for me with seemingly no short-term negative effects, like a hangover